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2. The case of the prosecution is that on 04.04.2024, at about 9.30 a.m., the complainant's relatives namely Abhishek and Huchengeppa, informed the NC: 2025:KHC-D:5437 complainant over phone that, on 04.04.2024, accused Nos.1 to 8 undertook labour/Civil work under NREGA(National Rural Employment Guarantee Act) Scheme, in the Government land bearing Survey No.654/A measuring 5-00 acres which was allegedly in possession of complainant's family. At that time, the mother of complainant namely, Smt.Mylamma Didgi, said to have objected the accused Nos.1 to 8 from interfering with the possession over said lands and she voluntarily stated that she is being troubled by accused Nos.1 to 8, just because she belongs to Schedule Caste/Schedule Tribe and she suddenly drank the poison from a bottle brought by her and she was taken to hospital at Morigere and thereafter, she was shifted to Taluka Hospital, H.B. Halli and then to the District Hospital, Koppal. She died on 05.04.2024 at District Hospital, Koppal at about 11.30 a.m.

7. Learned counsel for respondent No.2 would contend that the land in which the accused persons were carrying out NREGA work is a Government land and the deceased had filed Form No.57 claiming grant of the said land. He submits that the deceased was in possession of the said land, the acts of petitioners getting work done of NREGA in the said Government land which is in possession of the deceased and accusing her and telling her "to go and die" amounts to abetment. There were 100 persons present at the spot, on the date of accident. Chargesheet contains 59 witnesses and it is a matter of trial. With this, he prayed for dismissal of the petitions.

10. Having heard learned counsels, the Court has perused the chargesheet materials.

11. The petitioners being Government servants and Elected representatives of Morigeri Gram Panchayat were

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NC: 2025:KHC-D:5437 carrying on NREGA work in the Government land and at that time, deceased came to the spot and asked the petitioners to stop the work and she intimated them that she belongs to Schedule Caste and when petitioners/accused persons did not stop the NREGA work, the deceased again objected and at that time, the petitioners stated to have told the deceased "to go and die" and she consumed poison from a bottle which was brought by her and she died in the Hospital.

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NC: 2025:KHC-D:5437 months ago, the application filed by the deceased seeking regularization of cultivation came to be rejected. The statement of Abhishek (eye witness) indicates that the Gram Panchayat people of Morigeri village were getting done NREGA work in Survey No.654/A since last 5 to 6 months. The said aspect indicates that deceased was upset with the said work of the petitioners and also rejection of her application filed in Form No.57. It is material to note that the deceased had brought the poison bottle which she consumed on the spot. The petitioners were carrying on the NREGA work in the Government land and they did not do any positive act, abetting the deceased to commit suicide. It is alleged that the petitioners have told the deceased "to go and die" when she objected for their work. The said aspect of petitioners telling the deceased "to go and die" does not amount to abetment.